Majority
p. 889Alida Hurd, as Executrix, etc., Respondent, v. Herman B. Van Cleve, Appellant.
Motion to dismiss appeal denied upon condition that appellant within five days file an undertaking on appeal with appropriate surety, and serve same on respondent’s attorney; otherwise, motion granted, with ten dollars costs. Present — Jenks, P. J., Rich, Putnam, Blaekmar and Kelly, JJ.